Thank you for using Visiblemakers!

Visiblemakers, Inc. ("Visiblemakers") is a project of Audiovisual Elements. In these Terms of Use, we will reference ourselves as “Visiblemakers” or “we/us”. This document sets out the terms for use of our Platform. Our platform can be found at https://explore.visiblemakers.com, and also includes all of the subdomains, mobile applications, any other media, location, application, etc. owned, managed or otherwise operated by Visiblemakers. When referring to the infrastructure in these Terms, we will be collectively referring to them as the "Platform".

Our Terms of Use ("Terms") also includes our House Rules, Privacy Policy, Cookies Policy, Data Processing Agreement, Content Guidelines, and any other documents referred to by those agreements, and they, as a whole, govern any and all of the access to the Visiblemakers platform.

When we refer to “You” or “User”, we mean the entity you represent in accepting these Terms, or, if that does not apply, you individually. If you are accepting on behalf of your employer, your company, or another entity, you represent and warrant that (i) you have full legal authority to bind your employer or such entity to these Terms; (ii) you have read and understand these Terms; and (iii) you agree to these Terms on behalf of the party you represent.

By using our Platform in any manner, You are expressly agreeing to, and give Your consent to be governed by, these Terms. If You do not agree with these Terms or You do not wish to be bound by these Terms, You must not use or access the Platform in any manner.

1. The Services Provided by Visiblemakers

The Visiblemakers Platform and Visiblemakers Services. Visiblemakers provides an open online content creation platform designed to allow content creators (“Creators”) to publish and sell courses and other services to their end users (“Students”). Visiblemakers provides selected Creators with a dedicated Visiblemakers environment (“school”) to host and offer their services. Visiblemakers offers this content creation platform along with a number of additional services and tools (e.g. payment gateways, author and affiliate payouts) and the entire selection of tools and services offered via the Platform will be referred to in these Terms as "Visiblemakers Services".

Relationship between Visiblemakers and Users. Visiblemakers is neither a content provider nor an educational institution. Creators and Students are not employees of Visiblemakers. Visiblemakers is not responsible for interactions between Creators and Students, with the exception of providing the technological means through which Creators may broadcast and otherwise make their courses and other content (“Creator Content”) available and, at each Creator's election, for processing payments through Visiblemakers's payment gateway(s). Visiblemakers is not liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of the Creator/Student relationship, including but not limited to, any Student's reliance upon any information provided by a Creator or Creator Content at any time. As stated in our Privacy Policy, Visiblemakers only provides Creators with limited information about Students enrolled in their services, including name, email address, IP address, and the Creator offering in which the Student has enrolled. This information is only available to the Creator upon the purchase or enrollment of a Student in the Creator's school. Visiblemakers does not provide, sell, rent, release, disclose, or otherwise transfer Student data to Creators for monetary or other valuable consideration. Students assume full responsibility for the disclosure and use of any other personal information the Student chooses to disclose to any Creator on the Platform.

The Discover Platform. The Visiblemakers Platform encompasses the Visiblemakers Discover ("Discover'') platform, a marketplace that allows Users to search, find, and sign up for select Creator offerings. Discover is an overall part of the Visiblemakers Platform, and these Terms apply in full force to the use of Discover. However, to the extent that You are a Creator being featured on Discover, the terms of the Visiblemakers Discover Platform Agreement shall govern and take precedence in the event of any conflicts with these Terms.

• 2. Eligibility and Account Terms

  2.1 Age of Access

  You must be at least 18 years old to use the Platform, or, if You are between the ages of 13 and 18, You must have your parent or guardian's permission to use the Platform. By using our Platform, You are telling us by your actions that You have obtained that permission (You are 'representing' and 'warranting' that You have obtained the appropriate permissions to use our Platform). IF YOU ARE UNDER THE AGE OF 13 YOU MAY NOT USE OUR PLATFORM IN ANY MANNER NOR MAY YOU REGISTER FOR AN ACCOUNT.

• 2.2 OFAC Restrictions

• As an express condition of being permitted to access and use the Platform, You represent and warrant that You (i) are not on a list of persons that bars You from receiving services under U.S. laws (including, without limitation, the Denied Persons List and the Entity List issued by the U.S. Department of Commerce, Bureau of Industry and Security) or other applicable jurisdiction and (iii) are not a resident of Cuba, Iran, North Korea, Syria, Venezuela or Crimea.

  2.3 User Accounts

  To access or use certain features of the Platform, You may be required to register for an account (“Account”). For example, to enroll in a Creator’s course or other service, You will be required to create a Student Account associated with the Creator’s school. When You register for an account, You agree to provide true, accurate, current and complete information and to keep Your account up to date.

• 2.4 Creator Accounts

  To sign up for the Platform as a Creator, you will need to open a Creator account. Creators are deemed the contracting party (“Primary Owner”) for the purposes of our Terms. If you are signing up as a Creator on behalf of your employer, your employer shall be the Primary Owner of the account and any associated school(s). If you are signing up on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms.

  2.5 Admin User Accounts

  Depending on the Visiblemakers subscription plan, a Creator may allow one or more persons (“Non-Primary Owner”) to establish an administrative account associated with a Primary Owner’s school. The Primary Owner is responsible for setting the level of access and permissions for Non-Primary Owners. A Primary Owner is responsible and liable for the acts, omissions, and defaults arising from the use of Non-Primary Owner accounts associated with their schools as if they were the Primary Owner’s own acts, omissions, or default.

  2.6 Account Ownership Disputes

  In the unlikely event that there is a dispute over the ownership of an account, Visiblemakers has the right to request additional information from You to determine ownership and settle the dispute. The information that We may request to assist in resolving ownership disputes includes, but is not limited to, the following: a copy of Your photo ID; Your business documents, including a Charter, Certificate of Incorporation, LLC Agreement, business license, or other documentation showing ownership of Your entity; Your billing information and details; Certified copies of your tax forms; and Other documentation as we deem necessary to settle the dispute. Should a dispute arise, Visiblemakers reserves the right to determine the account ownership in its sole judgment, and the ability to transfer the account to the rightful owner, unless otherwise prohibited by law.

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  3. Code of Conduct

  We have to set up some ground rules. Honestly, most of what we cover here should go without saying. However, it's better to be upfront about things, rather than just assume everyone knows how they are expected to conduct themselves on our Platform. If You violate this Code of Conduct, we reserve the right to remove You and any of Your User Content from the Visiblemakers Platform. Whether conduct violates our Code of Conduct will be determined in Visiblemakers's sole discretion.

• No Illegal Activity: This is about as simple as it gets. Do not use the Visiblemakers Platform for any illegal activity. Period. You are not allowed to use our Platform to engage in any kind of conduct that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• No Fraud: Yes, this is probably covered in the No Illegal Activity section above, but we want to make this very clear. Fraud will not be tolerated in any capacity.
• No Bad Conduct: Do not use the Visiblemakers Platform to transmit, distribute, send, or otherwise expose the Platform or its Users to viruses, worms, or any other code that may be deemed dangerous, harmful, or destructive in any manner.
• No Spamming: Seriously. No one likes spam. We don't like spam. We're pretty sure that You don't like your inbox cluttered with spam. You may not use the Visiblemakers Platform to engage in any activities that will result in sending spam to anyone on the Visiblemakers Platform, including Visiblemakers (and its employees), Creators, and Students.
• Be Civil: We mean this. We're an open platform allowing myriad subject matters to be taught. Not all Creator Content is for everyone. But the one thing we can all agree on is that when we use the Visiblemakers Platform we are going to be civil and respectful at all times.
• No Exploitation: You will not use the Visiblemakers Platform to try to gather personal information on anyone outside of the limited permissible uses for offering or accessing User Content.
• No Impersonation: Imitation is the sincerest form of flattery, but not when it comes to representing that You are a part of Visiblemakers. You will not impersonate anyone on the Visiblemakers Platform, including Visiblemakers (and its employees), Creators, and Students.
• No Data Mining or Bots: You may not use any data mining, robots, or similar data gathering or extraction methods. This is repeated to emphasize its importance.
• No Use Other Than Intended: You may not use the Platform or any User Content contained on the Platform for any purposes other than intended.
• No Prohibited Content: You may not use the Platform if Your User Content contains material that is libelous, slanderous, pornographic, obscene, unlawful, threatening, hateful, violent, predatory, defamatory, or otherwise objectionable, all of which shall be determined in Our sole discretion.
  
  
  

  4. Intellectual Property and Terms that Apply to Your Data

  In operating our Platform, it's important for us to make it clear who owns what and who's responsible for what. You are trusting us with Your content and consistent with Visiblemakers's genuine belief in transparency we want to make it simple for You to know exactly what You are getting into when You join the Visiblemakers community.

  4.1 What Visiblemakers Owns

  All right, title, and interest in and to the Platform, including our information, software, technology, data, applications, logos, marks, designs, text, graphics, pictures, audio and video files, other data or copyrightable materials or content, and their selection and arrangement, is referred to herein as "Visiblemakers Content”, and is and will remain the exclusive property of Visiblemakers and its licensors. Visiblemakers Content is protected by intellectual property rights both in the United States and internationally. Your use of the Platform under these Terms does not give you additional rights in the Platform or ownership of any intellectual property rights associated with the Platform, including, but not limited to, any rights to use Visiblemakers’s trademarks, logos, domain names, and other distinctive brand features. Subject to Your compliance with and the limitations set forth in these Terms, Visiblemakers grants You a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Platform and/or Visiblemakers Services to fulfill your personal and commercial purposes. You agree not to do any of the following while accessing or using the Platform and/or Visiblemakers Services: license, sublicense, sell, rent, lease, or otherwise permit third parties to use the Platform without Visiblemakers’s express written consent (this license is only for Your use and you may not assign it to anyone else without our permission). Circumvent or disable any security or other technological features or measures of the Platform. Copy, modify, create derivative works of, decompile, reverse engineer, disassemble, or otherwise attempt to discover any source code of or any elements of the Platform, or use the Platform to compete with Visiblemakers engage in any activity that would interfere with, damage, or harm the Platform and/or Visiblemakers Services. All rights not expressly granted by Visiblemakers are reserved.

  4.2 What You Own

  Any data, information or material originated by you that you upload or otherwise transmit through the Platform, including Creator Content, (“User Content”) is and remains Yours. Visiblemakers does not claim any intellectual property rights over User Content by virtue of Your use of the Platform and/or Visiblemakers Services. By uploading User Content to the Visiblemakers Platform, You agree that: Visiblemakers may review User Content for any reason, including compliance with our Code of Conduct and prohibited content requirements, but Visiblemakers has no obligation to review anything that You upload. You are uploading User Content to the Visiblemakers Platform at Your direction and Visiblemakers does not in any way certify or provide approval or permission prior to You uploading User Content. Visiblemakers may display User Content to other users (e.g. Your Students) via the Visiblemakers Platform for the purpose of providing Visiblemakers Services. You agree that by uploading User Content to Our Platform, You are allowing Us to store Your User Content. You agree to provide Visiblemakers with all necessary licenses, including a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use (e.g, to display or transmit) User Content in furtherance of the Visiblemakers Services (In other words, because You own Your Content, You have to give Us permission to display it, or to use it for internal operational purposes, like storing it on Our servers). You are responsible for and own, or have the rights to use, all of Your User Content.

  4.3 Your Posts

  The Visiblemakers Platform may include features that permits You to post, upload or transmit content that is intended to be viewed by other users (“Posts”). For example, Creators participating in Visiblemakers:HQ will have the opportunity to submit Posts to other members of the Visiblemakers community. For the avoidance of doubt, Posts exclude User Content (including Creator Content). By submitting Posts to the Visiblemakers Platform, you grant Visiblemakers a perpetual, irrevocable, royalty-free, worldwide, non-exclusive right and license, including the right to grant sublicenses to third parties, to use, reproduce, publicly display, publicly perform, prepare derivative works from and distribute Your Posts for any purpose. Visiblemakers may exercise all copyright, publicity and moral rights, in any media, with respect to Your Posts.

  4.4 Content Free of Infringement of Any Third-Party Rights

  You agree that Your User Content and/or Posts do not infringe upon anyone else's intellectual property rights and that You have secured or obtained or received all necessary rights and permissions, as necessary, from any third parties who may own the content. In plain language, this means that if You're using someone else's work (including videos, text, charts, powerpoints, etc.) in Your User Content or Posts, You've gotten the content owner's permission to use it. You wouldn't want anyone selling any of Your User Content without Your permission. If You are going to use something that You didn't create, make sure You can demonstrate that You have the right to use it before You make it a part of Your User Content.

  4.5 Feedback

  You may choose or we may invite You to submit suggestions, recommendations, enhancement requests or other feedback about Visiblemakers Services or the Platform (“Feedback”). By submitting any Feedback, You agree that such Feedback is gratuitous, unsolicited, and without restriction, and You grant us a royalty-free, worldwide, transferable, sublicenseable, irrevocable, perpetual license to use or incorporate any Feedback into Visiblemakers Services and/or the Platform. We actively review Feedback for new ideas. If You wish to preserve any interest You might have in Your Feedback, it's important that you do not submit it to us.

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  4.6 Processing of Data by Creators

  Creators are responsible for protecting all personal information they provide to, or receive from, Visiblemakers in connection with the use of Visiblemakers Services. Visiblemakers's Data Processing Agreement ("DPA") forms part of these Terms and sets out Visiblemakers's and Creator's obligations with respect to the processing of personal information. Creators agree to abide by the DPA when and to the extent Data Protection Laws apply to a Creator's use of Visiblemakers Services to process Student Data or Creator Data (as these terms are defined in the DPA). Creators are considered controllers or "owners" of the personal information they collect from and about Students. In addition to agreeing to the terms of the DPA, Creators are also responsible for providing an appropriate privacy notice to their Students, respecting their Students' privacy rights in accordance with applicable law, and providing access to or deleting Students' personal information if they request and as required by applicable law.

  
  

  5. Subscriptions & Refunds

  5.1 Subscription & Payment Options

  Visiblemakers offers a subscription payment for accessing premium content on the Platform and App as well as onetime payments for individual courses and services:

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• Annual subscription: This subscription is per year and provides access to all premium content on the Platform and App throughout the year.
  One time Payments: This purchase options is for individual courses or boundles and a onetime payment to access specific parts on the platform and App forever.

5.2 Subscription & Payment Details

Price: The price of the subscription or payment option is clearly displayed on the Platform and in the App.

• Renewal frequency: Subscriptions automatically renew at the end of each billing period.
• What's included: Each subscription option includes access to all premium content on the Platform and App.

5.3 Subscription Fees

• Purchase fee: Users will be charged when purchasing a subscription.
• Automatic renewal: Subscriptions automatically renew unless the user cancels them before the renewal date.
• Renewal date: The renewal date for each subscription will be displayed on the user's profile page.

5.4 Subscription Confirmation

• Confirmation message: Users will be prompted to confirm their purchase and subscription options before finalizing the purchase.

5.5 Subscription Cancellation

• Clear and easy cancellation procedure: Users can cancel their subscriptions at any time, easily, via the profile page on the Platform or in the App.
• Cancellation confirmation: Users will receive a confirmation email upon subscription cancellation.

5.6 Refund Policy

• 14-day return period subscription: Users have a 14-day return period from the date of purchase to cancel their subscription and receive a full refund.

14-day return period one time payment: Users have a 14-day return period from the date of purchase of a onetime payment purchase and receive a full refund.

5.7 Changes to Subscription Plans

• Notification of changes: If the price for a subscription changes, it will not affect the plan and price for users who have already purchased a subscription.
  Visiblemakers may change the price of a subscription at any time for new users, after a certain amount of users have purchased a plan.
• Proactive communication: Visiblemakers will proactively communicate any changes to its subscription plans to its existing users via email and in-app notifications.

By accepting these Terms and Conditions, users acknowledge that they have been informed about the subscription options available on the Platform and in the App. Users also acknowledge that they have been informed about the price, renewal frequency, and content included in each subscription option. Furthermore, users acknowledge that they will be charged upon purchase and that their subscription will automatically renew unless they cancel it before the renewal date. Users also acknowledge that they have been provided with a clear and easy way to cancel their subscriptions.

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  6. Visiblemakers's General Rights In Operating Its Platform

  Visiblemakers may modify, terminate, or refuse to provide Visiblemakers Services at any time for any reason, without notice.

  Visiblemakers may remove anyone from the Visiblemakers Platform at any time for any reason, solely in Visiblemakers's discretion. This right is not modified by any other section of these Terms.

  Visiblemakers reserves the right to access Your account, school, and User Content in order to respond to requests for technical support, to maintain the safety and security of the Visiblemakers Platform, and for other legitimate business purposes, as necessary, in Visiblemakers's discretion.

  Visiblemakers reserves the right to modify, suspend, or alter its refund policy, at its sole discretion.

  If You close Your account or terminate Your school, Visiblemakers may keep a copy of Your User Content after termination. You grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for compliance with any relevant laws and regulations and for our internal business purposes, subject to applicable law.

  Visiblemakers reserves the right to remove You and Your User Content without warning if You violate any of the provisions of these Terms.

  Visiblemakers has, in its sole discretion, an absolute right to modify, change, alter, suspend, or terminate any provision of these Terms without warning at any time.

  7. Copyright Violations and the DMCA

  If Visiblemakers has a good faith belief that any content (including Creator Content) appearing on its Platform violates any copyrights or has been illegally copyrighted, Visiblemakers reserves the right to remove, block, or otherwise 'take down' the content. Visiblemakers also reserves the right to remove from the Platform any Creators, Students, or other parties, who are repeat offenders of the Visiblemakers repeat offender policy.

• 7.1 Reporting Copyright Infringement under the Digital Millennium Copyright Act (DMCA):

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• a) Visiblemakers provides an online form for submitting copyright infringement notices under the DMCA. If you believe that content on the Visiblemakers Platform is infringing on your copyrights, please complete Visiblemakers's copyright infringement notice form to forward your notice to Visiblemakers's designated agent for review.
• If your submission contains all of the information required by the form and complies with the DMCA, Visiblemakers will expeditiously remove or disable access to the content alleged to be infringing.
• Please note that when Visiblemakers removes content in response to a DMCA notice, Visiblemakers will attempt to contact the party who posted the content You report as infringing and provide information about the notice and removal, including information about how to submit a counter notice. Visiblemakers may also send a copy of any notices received to the affected party.

7.2 DMCA Counter Notice Procedure

• a) If Your content is removed due to the receipt of a DMCA notice and you believe that your content was wrongly removed, you may send Visiblemakers what is known as a Counter Notice.
• b) Your Counter Notice must contain: A physical or electronic signature Identification of what was removed and the location where the material appeared before it was removed A statement under penalty of perjury that you have a good faith belief that the material was removed as a result of mistake or misidentification Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district of New York and that you will accept service of process from the person who provided notification
• Your Counter Notice must be sent to Visiblemakers's designated agent at [email protected]
• d) Please note that a copy of any Counter Notice received will be sent to the party who reported the content as infringing.

Repeat Infringement Policy: As we stated above, Visiblemakers really doesn't look favorably on anyone who is using someone else's intellectual property without permission. Should Visiblemakers receive two or more DMCA complaints regarding any Creator, Visiblemakers may simply remove that Creator from the Visiblemakers Platform without further warning. Note: as we state in our Visiblemakers Rights section, we still reserve the right to remove any school at any time for any reason. This Repeat Infringement section does not change that right in any way.

• 11. Visiblemakers API Services

  The Visiblemakers Platform encompasses Visiblemakers APIs (“API” or “APIs”), a powerful solution that provides flexibility for Creators to access and interact with data about their business on Visiblemakers. APIs provide Creators with access to school performance data related to sales, enrollments, and student engagement anytime they would like. APIs provide the ability for Creators to build custom products for their school’s end users (“Students”).

  11.1 Visiblemakers API Features include:

• Transactions API: Creators can fetch a list of sales transactions at their schools using Transactions API, which is a collection of payment processing endpoints (Charge, CaptureTransaction, CreateRefund, and VoidTransaction) and reporting endpoints.
• Hook Events API: Creators can fetch a list of webhook events at their schools.
• Enrollments API: Creators can enroll and unenroll a Student or prospective Student in a course.
• Users API: Creators can create a new user, look up a specific user by ID, and update a user by ID.
• Pricing Plans API: Creators can fetch pricing plan details by pricing plan ID. Creators can fetch all of the pricing plans at their school.
• Courses API: Creators can fetch all the published courses at her school. Creators can fetch a specific course by ID. Creators can fetch a list of her Students enrolled in a specific course.

11.2 Definitions for this Section Only:

The following definitions only apply to this section of the Terms and its subsections. "API" means the Visiblemakers API application programming interface and any API Documentation or other API materials made available by Company on the Platform. "API Documentation" means the API documentation described from time to time. "API Key" means the security key Company makes available for you to access the API. "Company Marks" means Company's proprietary trademarks, trade names, branding, or logos made available for use in connection with the API pursuant to this Section of the Terms. "Company Offering" means Company's operating system and application software made available by Company on a hosted basis. "Your Applications" means any applications developed by you to interact with the API.

11.3 License Grant

Subject to and conditioned on your compliance with all terms and conditions set forth in the Terms, we hereby grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to: use the API solely for your internal business purposes in developing Your Applications that will communicate and interoperate with the Company Offering; and display certain Company Marks in compliance with usage guidelines that we may specify from time to time solely in connection with the use of the API and the Applications. You acknowledge that there are no implied licenses granted under this Section of the Terms. We reserve all rights that are not expressly granted. You may not use the API or any Company Mark for any other purpose without our prior written consent. You must obtain an API Key through the registration process to use and access the API. You may not share your API Key with any third party, must keep your API Key and all log-in information secure, and must use the API Key as your sole means of accessing the API. Your API Key may be revoked at any time by us.

11.4 Additional Use Restrictions for API Services

Except as expressly authorized under the Terms, you may not: remove any proprietary notices from the API; use the API in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law; combine or integrate the API with any software, technology, services, or materials not authorized by Visiblemakers; design or permit Your Applications to disable, override, or otherwise interfere with any Visiblemakers-implemented communications to end users, consent screens, user settings, alerts, warning, or the like; use the API in any of Your Applications to replicate or attempt to replace the user experience of the Company Offering; or attempt to cloak or conceal your identity or the identity of Your Applications when requesting authorization to use the API.

11.5 No Support; Updates

You acknowledge and agree that no additional license fees or other payments will be due for API in exchange for the rights granted under the Terms. You acknowledge and agree that this fee arrangement is made in consideration of the mutual covenants set forth in the Terms, including, without limitation, the disclaimers, exclusions, and limitations of liability set forth herein. Notwithstanding the foregoing, we reserve the right to start charging for access to and use of the API at any time.

11.6 Collection and Use of Your Information

We may collect certain information through the API, Company Offering or the Licensor Offering about you or any of your employees, contractors, or agents. By accessing, using, and providing information to or through the API or the Company Offering, you consent to all actions taken by us with respect to your information in compliance with the then-current version of our privacy policy and data protection requirements, available at https://visiblemakers.com/.

11.7 Return of Your Data

Upon request by You made within thirty (30) days after the effective date of termination of Your use of Visiblemakers API, we will make available to You for download a file of Your Data in comma separated value (.csv). After such a 30-day period, we shall have no obligation to maintain or provide any of Your Data and may thereafter, unless legally prohibited, delete all of Your Data in Our systems or otherwise in Our possession or under Our control.

11.8 API Rate Limits

The number of API requests Visiblemakers will permit You to make during any given time period may be limited. Visiblemakers may determine Your rate limits based on various factors at Visiblemakers’s sole discretion. Visiblemakers reserves the right and may, in its sole discretion, charge You for API requests that exceed Visiblemakers’s rate limits or terminate or resort to other measures including suspending access to Visiblemakers APIs as necessary subject to applicable law. Visiblemakers will not provide a credit to You for the next month or year for any unused requests.

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  12. Taxes

  Creator and Student expressly acknowledge that an agreement is formed directly between Creator and Student for the sale of Creator Content by the Creator to the Student. Visiblemakers is not a party to that agreement nor sets any of the terms for Creator Content sold by the Creator to the Student.

  The Creator is the supplier of the Creator Content, Visiblemakers is not responsible for interactions between Creators and Students and only provides technical means through which Creators may make their Creator Content available to Students. As the Creator sells its Creator Content directly to the Student under its agreement with the Student, except as expressly provided in these Terms, the Creator will be solely and fully responsible to collect, report, and remit the correct amount of tax (if any) to tax authorities for charges to the Students for the purchase of Creator Content. Visiblemakers recommends Creators consult a tax advisor to assist with determining the tax requirements relating to the sale of their Creator Content.

  13. Visiblemakers Subscription Fees

  Visiblemakers Plans are billed on a subscription basis. Users who sign up for a paid Visiblemakers Plan will be billed in advance on either a monthly or annual cycle, depending on what Visiblemakers Plan was selected at the time of purchase. Payment will be charged to the User’s chosen payment method at confirmation of purchase and at the beginning of each new billing cycle. Visiblemakers Plans will automatically renew at the end of each billing cycle unless You submit a cancellation request to us in writing via email ([email protected]) or directly through Your account prior to the end of the billing cycle. Upon cancellation, your access to the select Visiblemakers Plan will terminate and you will not be charged for the next billing cycle.

  Pricing for the purchase of a Visiblemakers Plan is described on our products page. Visiblemakers may change the price of a Visiblemakers Plan from time to time and will communicate any price changes to You in advance and, if applicable, how to accept those changes. Price changes for Visiblemakers Plan subscriptions will take effect at the start of the next subscription period following the date of the price change. If You do not agree with the price changes, You have the right to reject the change by canceling Your subscription before the price change goes into effect. Please therefore make sure you read any such notification of price changes carefully.

  Depending on the processing method, Visiblemakers may charge transaction fees. You agree to pay all fees and charges that are made to Your account and that You are solely responsible for payment of these fees and charges.

  Should You not authorize payment or are otherwise not current on Your payments for Visiblemakers Services, Visiblemakers may restrict Your Platform access until Your account becomes current and paid in full. Visiblemakers reserves the right to pursue fees owed using collection methods which may include charging other payment methods on file with Visiblemakers and/or retaining collection agencies or legal counsel.

  Visiblemakers reserves the right to offer custom Visiblemakers plans and pricing in addition to what is offered on the pricing page. Custom Visiblemakers plans may also include custom billing and payment terms, including billing periods and renewals, that are different from our standard terms.

  14. Pricing of Creator Content

  Visiblemakers is not responsible for setting the pricing on Creator Content. Prices for Creator Content are set by the Creator.

• 15. Refund Policy

  We want You to be happy with Visiblemakers's Platform. If You're not feeling excited about joining the Visiblemakers community, we have some options for You regarding Your plan.

16. Refund Policy for Sales of Creator Content to Students

16.1 Courses

• a) In general, all Students purchasing courses that are a part of the Visiblemakers Native Gateways are entitled to a thirty (30) day full refund from the date of purchase. Unless authorized by Visiblemakers in Visiblemakers's sole discretion, no Creator on the Visiblemakers Native Gateways may offer to Students a refund policy for a period of less than thirty (30) days.
• b) If a Creator has been allowed to offer a refund period that differs from Visiblemakers's general policy, the Creator must provide notice to Students prior to the purchase of the course.
• c) Visiblemakers reserves the right to refuse refunds to Students who abuse this Refund Policy. Examples of abuse include, but are not limited to, requesting refunds for multiple schools or requesting refunds in consecutive months.
• d) Regardless of any other section to the contrary in these Terms, Visiblemakers does not establish, maintain, or control refunds or a refund policy for any Creator Content that was processed through a Custom Payment Gateway, including courses.

16.2 Coaching

• a) Creators (regardless of whether they use Visiblemakers Native Gateways or a Custom Payment Gateway) are solely responsible for setting the refund policy regarding the sale of Coaching offerings.
• b) The Creator must provide notice to Students regarding their refund policy prior to the purchase of the Coaching offering.
• c) Regardless of any other section to the contrary in these Terms, Visiblemakers’s refund policy does not cover the provision of Coaching offerings provided by Creators to Students.

16.3 Bundled Products

• a) If a Creator sells a set of courses as a bundled package, the refund policy applicable for courses will apply, as provided in the above section.
• b) If a Creator sells a set of courses and Coaching offerings as a bundled package, the refund policy applicable for Coaching offerings will apply, as provided in the above section.
• c) If a Creator sells a set of coaching offerings as a bundled package, the refund policy applicable for Coaching will apply, as provided in the above section.

16.4 General Provisions

• a) It is the Student’s responsibility to understand the refund policy for Creator Content prior to purchasing such Creator Content.
• b) Visiblemakers reserves the right to provide a refund to any student at any time in Visiblemakers's sole discretion.

17. Cancellation and Deletion

Cancellation: It is the Student’s responsibility to understand the refund policy for Creator Content prior to purchasing such Creator Content.

Deletion: You may delete Your account at any time.

Any account on the free plan may be deleted if it remains inactive (e.g., the user fails to log in) for a continuous period of at least six (6) months. Activity will be determined by Visiblemakers in its sole discretion.

Accounts on paid plans will be considered active accounts unless You explicitly ask us to delete Your account.

If Your account is deleted (regardless of the reason), Your User Content may no longer be available. Visiblemakers is not responsible for the loss of such content upon deletion.

Upon deletion of Your account (regardless of the reason), all licenses granted by Visiblemakers will terminate.

18. Effect of Cancellation/Deletion

Should a school, course, or account be canceled or deleted, the user may no longer have access to Visiblemakers Content and/or User Content (including Creator Content). Further, User Content (including Creator Content) may be irretrievable. Visiblemakers shall not be liable to any party in any way for the inability to access Visiblemakers Content or User Content (including Creator Content) arising from any cancellation or deletion, including any claims of interference with business or contractual relations.

19. Errors and Corrections

Visiblemakers does not guarantee that the Platform or any services offered through the Platform will be error-free or otherwise reliable, nor does Visible

20. Limitations of Liability

In running the Platform, we require that You understand and agree that Visiblemakers is not liable for a number of things, including Your breach of these Terms and losses that may result from Your use of the Platform. We also require that You understand and agree that the Platform is offered As Is and may not always be 100% perfect or reliable and that Visiblemakers doesn't warrant or guarantee that it will always be free of errors or defects. Any claims for damages against Visiblemakers will be limited to a portion of the fees You have paid us. Our limitations of liability are as follows:

• You agree that Visiblemakers, including its employees, officers, directors, and agents, shall not be liable for any kind of loss, injury, claim, or damages resulting from Your use of the Visiblemakers Platform.
• You agree that Visiblemakers shall not be liable for any injuries, losses, claims, or damages that result from Your use or engagement with third party content, downloads, or communications.
• Visiblemakers is not liable for any losses or damage caused by any viruses, distributed denial of service attacks, and any and all other malicious computer code.
• The Visiblemakers Platform is provided to You on an "As Is, As Available" basis.
• Visiblemakers disclaims any warranties to the Platform and the content contained therein, including warranties for merchantability, fitness for a particular purpose, non-infringement, or title.
• Visiblemakers shall not be liable for any special, direct, indirect, incidental, punitive, or consequential damages, resulting from the use of or inability to use the Platform.
• You agree to indemnify, defend, and hold harmless Visiblemakers, its present and future officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Platform from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms by You or arising from or related to Your use or misuse of the Platform.
• You are solely responsible for ensuring that Your use of the Platform complies with applicable law and does not violate the rights of any third party, including intellectual property rights.
• You may not assign Your rights under these Terms without Visiblemakers's prior written consent.
• Should Visiblemakers's limitation of liability not be applicable, Visiblemakers's sole obligation to You, or any third party, for damages shall not exceed the amounts paid by You to Visiblemakers over the prior twelve (12) months directly preceding Your claim, unless otherwise required by law.

21. Communications

Visiblemakers may notify You of relevant information regarding the Platform and Visiblemakers Services in any of the following ways: by emailing You at the contact information You provide in Your account registration, by posting a notice in dashboard areas of the Platform, and by posting the notice elsewhere on the Platform in an area suitable to the notice. It is Your responsibility to periodically review the Platform for such notices.

22. Governing Law and Jurisdiction; Disputes and Arbitration

These Terms shall be governed in accordance with the laws of the State of New York without regard to its conflicts of laws principles. Any action arising out of or relating to these Terms shall be filed only in the state or federal courts located in the County of New York in the State of New York. You consent and submit to the exclusive personal jurisdiction of such courts for the purpose of litigating any such action.

Any dispute, controversy, proceeding, or claim arising out of or in connection with or relating to these Terms, shall be resolved by binding confidential arbitration by JAMS pursuant to its Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein.

The arbitration will be conducted in New York County, New York, unless You and Visiblemakers agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall be deemed as preventing Visiblemakers from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, dilution, or violation of our data security, intellectual property rights, or other proprietary rights.

Contact Us

If You have questions or concerns regarding these Terms, the Platform, Visiblemakers Services, or User Content, You may contact Us via physical or electronic mail at the address below.

Visiblemakers / a project by Audiovisual Elements Steinbrückenweg 7, 99425 Weimar, Germany
Email: [email protected]